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  • Prem : It is their will, they can issue it again, if they feel that considerable time has passed and they want to check if you are still employed on terms mentioned in your Labor.

    No one can question USCIS, they can even deny an approved application. It is not a give and take exercise with them............. it's a one way street.:)

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  • Update:
    The Doctor admitted his mistake.
    He completely forgot to mark the TB test earlier.
    He was ready to back date to avoid more inconveniance to me.
    But I told him to be sincere in all aspects.
    I basically forced him to give my wife a TB test again and also the x-ray.
    Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
    Hopefully they will mark the case as - resume processing.

    I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
    the information entered in the exam.
    Best luck to you.

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  • :mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!


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  • So you mean I should not even think of invoking AC21 EVEN after 180 days ?

    go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).

    At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.

    P.S: I am also planning to invoke AC-21 to switch jobs.

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  • this is called inter filing.

    you please call USCIS and follow up on your case,let me see what they say.

    to call USCIS short cut is

    just call 18003755283

    enter receipt number
    keep listening to updates on case
    4 you will be connecting to iio (2nd level immigration officer who is more educated and will speak nicely)

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  • Read in the Newspaper that Karthik Rajaram is an Alumni from IIT, Madras. This incident made huge news back in India in all the Major Newspapers. very very Sad.

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  • I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.


    He says that Eb2 India will retrogress to 2003 or 2004.

    Ron gotcher makes sense to me. Considering the (quota + spill over) vs. the demand, it is just wishful thinking that all EB2-I with PD < 06/06 will get GC in the next few months. I also agree with others that in Oct EB2-I will retrogress back to the original levels (2004), it could go even beyond (to late 2002 or early 2003) that if a handful of EB2-I (who did not get a chance a last year) file 485 in the next 1-2 months.

    2 yr EAD rule and this big EB2-I advancement could just be an unfortunate coincidence. But a lot of folks will sure find a 100% correlation nonetheless.

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  • By the way, friends, I stay behind my words. Last year my family and I started working on "plan B" and when time comes, we will move out of the US after 6-7 years chasing of a mirage. Of course, if the GC mess here miraculously improves we would stay but I must be crazy to really believe that.

    Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.

    Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)

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  • All,

    Anyone applied on July 23rd at NSC and not received the RN?

    Anyone in the same boat with me?


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  • That one gives the description of the plight of GC aspirants not what kind of scenarios in different phases of GC are contributing this plight. What specific action by a congressman has to be taken which section of the law has to be modified in what exact wording should be. Many people say about issues and plight but what exactly has to be done and where and by whom. Sorry if I still missed the info other than the one you gave in the link

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  • Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs

    Congrats!!! dude....You are set to free now!!!

    Your PD is EB3, India , PD Oct 2000(Sub.) obviously they would have alloted Visa Number for you..as currently EB3 is MAY01..previously APR01..

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  • It will help. I will give you an practical example.

    I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

    My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

    The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

    I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.

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  • And they should serve at least one year in the Military. :-)

    + straight As only ?

    why - only tier1 & tier2 ? should be based salary withdrawn- isn't?

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  • Anybody seen layoffs in software industry anywhere recently?

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  • I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.

    How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.

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  • After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)

    If you could that would be awesome, I found that just printing out a bunch of the templates made it easy for folks to hand write their name and address. I have been doing the envelope and stamps myself, that way you can be assured it is acted on and sent :) Thanks Skc526

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  • Only God knows how CIS functions.


    Yes true, if you do not update your GC details in IV. Please update your priority date, category etc., first. :)

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  • You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!

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  • If company is promoting and Apply for EB2, then the PD should be Promotion Date. Because EB2 qualification starts only after promotion. One cannot go back and get old PD and attach it to EB2 after promotion. That is unfair to people, who are already promoted and applied before. Hope this makes sense.

    Why are you jealous. Seems like he is qualified for EB-2 and applied it.

    Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.

    What's wrong there other than making some people jealous.

    My plan is making the following

    Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor

    Documentary - A professional documentary on our issues like H1 problems, GC backlog processing etc.

    Any other thoughts from your side would help.

    I am an ex NYFA student in digital film making. I would like to make the above two things by end of this year. Any of you are interested can participate. Again I don't need any money contributions. Just need your participation as actors, script writers and as other team members.

    I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
    We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.

    gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.

    We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
    The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
    This was estimated from the 2010 Census data.
    We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
    People who are good at parsing excel/MDB, csv sheets will be useful.

    Most people are not aware of our issues and contributions to society.

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